<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 14.35.20.03" title_num="14" subtitle_num="35" chapter_num="20" heading="Request for Hearing—In General.">
  <paragraph num="A.">
    <text>Scope. This regulation applies to all requests for a hearing permitted under Regulation .01B of this chapter.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Except as provided in §D of this regulation, a person aggrieved may request a hearing by submitting a written statement to the Board Chair, signed by the requesting person and containing the following information:</text>
    <paragraph num="(1)">
      <text>The action or nonaction of the Exchange causing the person requesting the hearing to be aggrieved;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The facts related to the incident or incidents about which the person requests the Board to act or not to act; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The ultimate relief requested.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Hearing Requests—Timing.</text>
    <paragraph num="(1)">
      <text>Except as provided in §D of this regulation, a request for a hearing shall be received by the Board within 30 calendar days of the date of the letter notifying the party of the Exchange’s action, intention to act, or failure to act.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In calculating the 30-day period, the date of the letter notifying the party of the Exchange's action, intention to act, or failure to act is not included.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The end of a day is considered to be 11:59 p.m. Eastern Time.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The last day of the 30-day period is included unless it is a Saturday, Sunday, legal holiday, or day that the Maryland Health Benefit Exchange is closed for a part of the day.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If the last day of the 30-day period is a Saturday, Sunday, legal holiday, or a day that the Maryland Health Benefit Exchange is closed for a part of the day, the 30-day period runs until the end of the next day which is not a Saturday, Sunday, legal holiday, or day that the Maryland Health Benefit Exchange is closed for a part of the day.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Intermediate Saturdays, Sundays, legal holidays, and days that the Maryland Health Benefit Exchange is closed for a part of the day shall be counted toward the 30-day period.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Request for Hearing—Appeals of Procurement Bid Protests.</text>
    <paragraph num="(1)">
      <text>A person aggrieved may request a hearing under this subparagraph by submitting a written statement to the Board Chair postmarked within 10 calendar days after issuance of the decision resolving the protest, and containing the following information:</text>
      <paragraph num="(a)">
        <text>Each ground on which the protestor claims that the protest was resolved in error; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A copy of the initial protest and the decision of the Executive Director or designated procurement officer resolving the protest</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Ten copies of all required materials shall be submitted.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Except as provided in §F of this regulation, upon receipt of a proper request, the Board shall grant a hearing unless, in viewing the facts set forth by the person making the request, in the light most favorable to that person, the Board determines that:</text>
    <paragraph num="(1)">
      <text>The Board has no authority to take action;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The request does not contain the information required by this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The request is untimely; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The request is moot.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>For appeals of procurement bid protests, instead of granting a hearing, the Board may:</text>
    <paragraph num="(1)">
      <text>Resolve the appeal without granting a hearing;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Elect to refer the matter for a hearing and recommended decision to a single member of the Board; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Elect to refer the matter for a hearing and recommended decision to a panel consisting of two or more members of the Board.</text>
    </paragraph>
  </paragraph>
</regulation>